tdiu Upcoming Re-evaluations And Vcaa (berta!)

[cowgirl]

Two things, I have upcoming recheck/evaluations on my #1increase request and #2tdiu application. Hope thats in the right order, I will have to double check the paperwork. I am concerned that for insured claim success I may have a need for a IMO beyond the clear diagnosis's the VA has given me. Can anyone tell me about rechecks and what the implications are for a generic VCAA that doesnt 'specify' exactly whats needed, beside 'any other information I want to submit'. thanks so much, cg

[Ron II]

Cowgirl,

As you probably know, I have no clue about those issues. BUT...I do want to wish you the BEST of luck!

Ron

[Wings]

Two things, I have upcoming recheck/evaluations on my #1 increase request and #2 tdiu application. Hope thats in the right order, I will have to double check the paperwork. I am concerned that for insured claim success I may have a need for a IMO beyond the clear diagnosis's the VA has given me. Can anyone tell me about rechecks and what the implications are for a generic VCAA that doesnt 'specify' exactly whats needed, beside 'any other information I want to submit'. thanks so much, cg

Cowgirl, Do not understand "recheck"; do you mean re-evaluation and/or C&P Exam?

TDIU does not require a medical exam; it is an administrative decision based upon the evidence of record showing your occupational unemployability - due to the severity of your service-connected disability.

Your Re-exam for #1 SC disability needs to show or opine a chronic or progressive or acute worsening of the disability at issue. ~Wings

[Philip Rogers]

Generally, VA examiners agree w/the previous examiner. Anytime a claimant requests an increase, on an existing s/c disability, the VA is required to do another or current C&P exam. The diagnosis is a done deal and is not the problem but rather how the VA rater "rates" you. If you are having specific problems be sure the comp examiner addresses those in his/her exam report.

pr

[Berta]

"Can anyone tell me about rechecks and what the implications are for a generic VCAA that doesnt 'specify' exactly whats needed, beside 'any other information I want to submit'. thanks so much, cg "

The implications of receiving a generic VCAA letter with and without a VCAA election form can be found in thousands and thousands of claims at the BVA website-

on remand after at least a year or more at the BVA due to prejudicial error-

A generic VCAA letter (meaning a letter that does Not contain a specific highlighted (in bold type) or underlined statement telling a veteran or widow exactly what evidence the VA needs-

and if there is no VCAA election is most often considered a prejudicial error in violation of our DTA rights per the BVA-

and in most cases the BVA will remand the claim back to the same RO for a re-do of what they were paid to do in the first place.

As you know I have asked Congressman Filner ( CHairman House VAC) and Congressman Hall (NY) to propose my amendment to the VCAA.

ROs have turned our ultimate VCAA regulation into one big scam-

somehow they decide who will and who will not get a legal VCAA letter and election notice-

those who dont (like me) are in the claims system for years ( 5 years in my case until I got a legal VCAA letter and election notice a few months ago)

I responded with my medical evidence again to the legal VCAA and election form I got (most of which they had for years without reading it at all)

and suddenly they began to work aggressively on my claims.

If you have a vet rep make sure they are aware that the VCAA was generic- they can determine if it is prejudicial.

My amendment puts the onus onto reps (and us claimants too) to ask VAROs for legal VCAA letters within 60 days of their recipt of this request.

This was all recently discussed in the H VAC Backlog committee hearing on Feb 14th- the gov is fully aware of this problem-Vet orgs know of it, VA knows of it, the public vuia Knight Ridder knows of it,

our Duty to Assist rights are being crapped on- these are the most important and fundamental rights we have as claimants.

I am doing all I can to get the VCAA amended and maybe somehow reps could be penalized if they allow an illegal VCAA letter to cause a claim to be denied.

Within weeks I will have prepared a complaint that I am seeking a lawyer to handle-

regarding all veterans and widows adversely affected by illegal VCAA letters whose POA (new York State Division of Veterans Affairs) sat by and allowed the violations to occur- as a class action complaint-

if I cannot get class action status (dont see why not-many of these vets and widows are at the BVA web site repped by NYSDVA and remanded due to VCAA prejudicial errors) I will just go ahead and sue on my own behalf.

Unless I can get this amendment through-

I cannot stress enough that a VCAA letter

1. MUST be specific to the claim and define the evidence they still need

2. Must have a VCAA election notice enclosed, whereby the vet checks Box one or Box two, signs, copies it, and mails it with Proof of mailing back to the VARO.

Only when they see this election notice will they again begin to work aggressively on the claim.

Edited February 26, 2008 by Berta

[71M10]

Greetings all:

Just a quick comment. We all seem to keep buying into this line the VA is selling us on a C&P exam is required. It is only required if there is not sufficient medical evidence of record to make the decision. I was talking with Detroit VARO about my Hypertension claim yesterday and the staffer indicated I was an "OPPS" when I inquired about not having recieved a notice on the C&P exam they said the were scheduling(letter dated 12/4/07). I asked what an "OOPS" was and she said they forgot to schedule me. She indicated they would schedule one and let me know about it. I indicated to her they really didn't need a C&P since I have an inservice diagnosis and extensive history in my service medical records and I have a current diagnosis and treatment from VA. She indicated they have to do one. I told her the regulations indicate it is only necessary if the medical evidence is incomplete. I then clearly stated I would go to any physical they want to schedule. Through out this I kept my most relaxed tone and even parsing as I spoke.

It seems they could save some money and time if they would just read the claim and evidence at the front end of this process. Furthermore, they just might be able to write a proper VCAA letter also (for Berta :) ).

Best regards,

Tyler

[Pete53]

My experience so far with VA. No C&P = no award.